BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, VELLORE DISTRICT AT VELLORE. PRESENT: THIRU. A. SAMPATH, B.A., B.L., PRESIDENT TMT. G. MALARVIZHI, B.E. MEMBER – I THIRU. K. DHAYALAMURTHI,B.SC. MEMBER – II CC. 28 / 2002 TUESDAY THE 27th DAY OF JULY2010. P.S. Subrahmanian, S/o. Sri Sabesa Iyer, No.1 (Old No.47) TNHB, Muruganadi Sathuvachari, Vellore – 9. … Complainant. - Vs – 1. The Tamil Nadu State Transport, Corporation, rep by its Managing Director, Rangapuram, Vellore – 9. 2. The Secretary, Ministry of State Transport Govt. of Tamil Nadu, Chennai – 9. … Opposite parties. . . . . This petition coming on for final hearing before us on 13.7.2010, in the presence of Thiru. J. Balamurugan, Advocate for the complainant and Thiru. R.Shanmugam, Advocate for the opposite parties, and having stood over for consideration till this day, the Forum made the following: O R D E R Pronounced by Thiru. A. Sampath, President of the District Consumer Disputes Redressal Forum, Vellore District. 1. The brief facts of the case of the complainant is as follows: The complainant invited to participate in the workshop on programme for action (P.F.A. as a follow up to the All India Water Vision and Frame Work for action on 18.2.02 at Koodal Hall, Anna University, Chennai 25 to present a paper on water pollution as per the letter received by the complainant. The workshop will be started at 10 am. In this workshop delegates from the southern parts of Andrapradesh, Karnataka, Kerala, Orissa and Tamil Nadu were invited to participate and to express their views. For this purpose the complainant reserved a seat at Vellore bus stand in the counter of the opposite party corporation on 17.2.02 with a registration bearing ticket No.92850 by paying a sum of Rs.5/- for the journey on 18.2.02 by the 6.50 am point to point bus. The complainant reached the bus stand at 6.30 a.m and other passengers were also waiting for the bus. The bus seat No. allotted to the complainant was No.5. Then passengers were informed that the 6.50 a.m. point to point bus could not reach the bus stand in time and therefore the 7.05 point to point bus is substituted and the passengers can get into it. The said bus started at 7.10 am. from the bus stand. The complainant occupied seat No.5 behind the driver of the vehicle. The conductor of the bus issued the ticket bearing No.10296 and collected the charge of Rs.46/- from Vellore to Guindy. The point to point bus is expected to stop only in particular places and not in places where the conductor wants and to reach Chennai in time. The usual traveling tome is between 2 to 2.30 hours for point to point buses. But the bus in which the complainant traveled stopped at Walajah and took some passengers. At the time of leaving the bus stand at Vellore it had the full capacity and there are no standing passengers. But it had picked up passengers at Wallajah and later at Kaveripakkam. When it reached Poonamalee there were nearly 25 standing passengers in the bus. Some of the passengers got down near Porur. But the conductor allowed some more passengers to get into the bus. The bus reached Guindy by 10.10. a.m. The complainant got down from the bus at Guindy and he asked the conductor as to why he was permitting so many passengers and allowed the bus to stop indifference places when he has not right to stop in so many places and also permit passengers to stand and travel in a point to point bus. The complainant also asked to him as to how after charging Rs.46/- in a point to point bus this is being done to the inconvenience of the reserved passengers. The complainant then left the place to attend to his workshop by engaging an auto to reach Guindy Anna University. The complainant by then was late by 1.30 hours and made the meeting was proceeding even before his arrival. 2. In the evening the complainant took an auto and reached Board way bus stand and got into the bus to Vellore. The bus started at 5.p.m. It was also a point to point bus from Chennai to Vellore. The complainant occupied the seat in the bus No.TN 23 N-1423and at that time the bus was in fully capacity. There was no standing passenger. The conductor collected Rs.46/- and issued ticket bearing No.98856/-. The bus passed through Mount road, and the conductor stopped the bus in some places and passengers got into the bus at Poonamallee. The bus stopped for long time and some more passengers got into it. There was nearly 30 standing passengers in Poonamallee itself. The bus proceeded further and at Kaveripakkam some of the passenger got down. The conductor allowed 10 more passengers to enter. At Wallajah the bus stopped and nearly 7 passengers got down and 5 passengers got into the bus. The complainant asked the conductor how any body could get down from the bus when passengers were standing on the way to foot board and when the rules specify that only 47 passengers should not be allowed or there should be any over loading. The conductor then said that he was doing only on the instructions of his superior officers to increase the collection. The complainant wanted to get down near Vallalar bus stop and there were 10 passengers acquitting on the way most of them being women. The complainant found it extremely difficult to pass them over and with 2 luggages in his hand and with great difficulty he got down from the bus. It was then 10.15 p.m. The Government is also called upon to explain as to why the reservation charge is increased from Rs.2/- to Rs.5/- in spite of decisions of the Consumer Disputes Redressal Commission and several consumer associations the Corporation is still collecting Rs.5/- as reservation charges. Therefore it should be reduced to Rs.2/- as before. This kind of over loading and over crowding in the buses is going on throughout the State for the past several years and the police department is a silent spectator and allowing such things to happen joining hands with the bus conductors and the complainant is at a loss to understand why there is no surprise check of such buses by the police and charge them for overloading and over crowding. There is dereliction of duty and violation of rules on the part of the Transport department as well as police department. The journey made by him on the aforesaid date from Vellore to Chennai and from Chennai to Vellore in a point to point bus was horrible and that had caused him mental agony and physical torture apart from lot of inconvenience to him while traveling as such. Hence the complainant issued a legal notice on 28.2.02 to the opposite parties and others calling upon them reduce the reservation charges and also to pay compensation to the complainant and even though the opposite parties received the said notice they did not comply with the demand nor replied to the same. He prayed for directing the opposite parties to reduce the reservation charge to Rs.2/- from Rs.5/- now collected and to pay a sum of Rs.2000/- for the mental agony, physical torture and lot of inconvenience caused to the complainant during his travel on 18.2.02 Vellore to Chennai and from Chennai to Vellore and to pay a sum of Rs.500/- towards cost of expenses incurred prior to the filing of this complaint by the complainant and to pay a sum of Rs.500/- being the cost of this complaint. 3. The averments in the counter filed by the 1st opposite party is as follows: The opposite party denies the entire allegations stated in the complaints to strict proof of the same. The vexatious and misconceived application is not maintainable either on the facts or in law. The 2nd opposite party is neither a proper nor necessary party to the proceedings. The complainant is not a consumer as alleged in the complaint stating that on 18.2.02 he reserved for 6.30 a.m. point to point bus and the said bus could not reach the bus-stand in time and only 7.50 a.m., the point to point bus was substituted and he occupied seat No.5 are all false and denied. It is further denied that the said bus was stopped and took some more passengers at Wallajah and Kaveripakkam and 25 passengers standing in the bus and reached by 10.00 am. The point to point bus is subjected to some stops from Vellore to Madras Route and it did not stop anywhere else. The complainant has admitted that he had occupied the seat. So he could not have any inconvenience in the bus. This is a normal occurrence on any given bus at Madras route solely operated by the 1st opposite party. It is constrained to take on a Minimum Number of passengers without causing any inconvenience to the other passengers. Now a days passengers are obliged to pay the point to point bus fair by standing to travel upto Madras. Which should not be curtailed by the Conductor. No specific rigid rule can be followed to travel only 57 passengers. Being the public utility service, the requirements of the passengers are also essential in order to run the bus at Madras route. In such cases sitting passengers are not made any inconvenience at any point of time. Due to road developments, traffic density no body could say to reach in time in road travels. It is further denied that the complainant once again got the bus from Chennai to Vellore on the same day and standing passenger nearly 30 and the Conductor allowed the passengers at Walaja and the passengers were standing on the way to foot-board are all false and denied and the complainant wanted to get down at Vallalar bus stop and there were 10 passengers on the way is false and denied. Most of them being women and found extreme difficult to pass them over and got down is denied and bound to prove the same. The Government Policy of hiking the reservation charge in G.O.Ms.No.1177 dt. 29.11.01 and G.O.Ms.No.1204 dt. 5.12.01 and so the reservation charges were increased to Rs.5/-. The 1st opposite party implemented the order of the Government which cannot be challenged in the Forum and Consumer Forum has not jurisdiction to challenge and it is not a consumer dispute. The complainant had a reasonably comfortable travel as is evident from the factum of his completion of journey. The demand of the complainant for the refund of reservation charges, compensation for alleged physical torture and mental agony are entirely unsustainable. As the complaint is not maintainable and it may be dismissed. 4. Now the points for consideration are: a) Whether there is any deficiency in service, on the part of the opposite parties? b) Whether the complainant is entitled to the reliefs asked for?. 5. Ex.A1 to ExA5 were marked on the side of the complainant and Ex.B1 was marked on the side of the opposite parties. Proof affidavit of the complainant and Proof affidavit of the opposite parties have been filed. No oral evidence let in by either side. 6. POINT NO. (a): The complainant contended that the complainant reserved a seat at Vellore bus stand by paying a sum of Rs.5/- for the journey on 18.2.02 by the 6.50 a.m. point to point bus. But the point to point bus could not reach the bus stand in time and therefore the 7.05 point to point bus is substituted. The complainant gets into the bus and occupied seat No.5. The bus started at 7.10 a.m from the bus stand and it was stopped at Walajah and took some passengers and again it was stopped at Kaveripakkam picked up some passengers. When it reached Poonamalle there were nearly 25 standing passengers in the bus and the bus reached Guindy by 10.10.a.m. The complainant by then was late by 1.30 hours. Therefore the complainant attending the meeting one hour late. It is further contended that in the same day evening at 5.00 p.m. the complainant get into the point to point bus No.TN23N 1423 from Chennai to Vellore and at the time the bus was in fully capacity. Thereafter there was nearly 30 standing passengers in Poonamallee itself and at Kaveripakkam some of the passenger got down. The conductor allowed 10 more passengers to enter, and at Walaja nearly 7 passengers got down and 5 passengers got into the bus. The complainant found it extremely difficult to got down from the bus at 10.15 p.m. Therefore the journey made by him on the aforesaid date from Vellore to Chennai and from Chennai to Vellore in a point to point bus was horrible and that had caused him mental agony and physical torture apart from lot of inconvenience to him. 7. The opposite parties contended that the complainant has admitted that he had occupied seat. So he could not have any inconvenience in the bus. The point to point bus is subjected to some stops from Vellore to Madras Route and it did not stop anywhere else. Now a days passengers are obliged to pay the point to point bus fair by standing through by travel to Madras. It is constrained to take on a minimum number of passenger without causing any inconvenience to the other passengers. No specific rigid rule can be followed to travel only 57 passengers. It is further contended that as per the Government Policy of hiking the reservation charge in G.O.Ms.No.1177, dt. 29.11.01 and G.O.Ms.No.1204, dt. 5.12.01 and the reservation charges were increased to Rs.5/- The 1st opposite party implemented the order of the Government which cannot be challenged in the Forum and it is not a consumer dispute. The complainant had a reasonably comfortable travel as is evident from the factum of his completion of journey. Therefore there is no deficiency in service on the part of the opposite parties. 8. From the perusal of Ex.A1 seat priority token issued by the 1st opposite party it is mentioned that the date of travel on 18.2.02, departure time 6.50 and charge for Rs.5/- collected by the 1st opposite party for seat priority. Ex.A4 bus ticket from Vellore to Chennai, Ex.A5 bus ticket from Chennai to Vellore issued b y the 1st opposite party. The contention of the complainant that the point to point bus is expected to stop only in particular places and not in places where the conductor wants and to reach Chennai in time. According to the 1st opposite party that the point to point bus is subjected to some stops from Vellore to Madras route and it did not stop anywhere else. From the perusal of proof affidavit of the complainant that it is seen that the point to point bus was stopped only three places i.e. Walaja, Kaveripakkan and Ponnamallee. Based on the Ex.A1 seat priority token, the complainant was occupied the seat No.5 and completed his travel from Vellore to Chennai and from Chennai to Vellore on 18.2.02.. The opposite party admitted that some standing passengers were allowed to travel upto Madras and in such cases sitting passengers are not made any inconvenience at any point of time. According to the 1st opposite party that now a days passengers are obliged to pay the point to point bus fair by standing travel upto Madras and being the public utility service, the requirements of the passengers are also essential in order to run the bus at Madras route. In such cases sitting passengers are not made any inconvenience at any point of time From the perusal of the proof affidavit of both sides it is clear that the complainant has not suffered any inconvenience caused to the complainant during his travel from Vellore to Chennai and from Chennai to Vellore. 9. Regarding the increase of reservation charge the 1st opposite party contended that based on the Government Policy the hiking of reservation charge under G.O.Ms.No.1177, dt. 29.11.01 and G.O.Ms.No.1204 dt. 5.12.01 accordingly the 1st opposite party implemented the order of the Government about the increase of reservation charge. Based on the Government order the 1st opposite party has increased the reservation charge. Therefore the complainant cannot challenge the reservation charges of Rs.5/- before this Forum. 10. Hence, taking all the above facts into consideration from the contention in the complaint and the counter, as well as proof affidavit of the both the parties, and from the documents Ex.A1 to A5, and Ex.B1, we have come to the conclusion that the complainants herein have not clearly proved the deficiency in service on the part of the opposite parties herein. Hence we answer this point (a) as against the complainants herein. 11. POINT NO : (b) In view of our findings on point (a), since, we have come to the conclusion that the complainant herein has not clearly proved the deficiency in service on the part of the opposite parties herein. We have also come to the conclusion that the complainant is not at all entitled to any relief asked for by him, in this complaint. Hence we answer this point (b) also as against the complainant herein. 12. In the result this complaint is dismissed. No costs. Dictated to the Steno-typist and transcribed by her, corrected and pronounced by the President, in Open Forum, this the 27th day of July 2010. MEMBER-I MEMBER-II PRESIDENT. List of Documents: Complainant’s Exhibits: Ex.A1- 18.2.02 - X-copy of the receipt for reservation of Seat issued by the 1st opposite party for Rs.5/- Ex.A2- 18.2.02 - X-copy of the notice sent to 1st opp party. Ex.A3- 28.2.02 - X-copy of certificate of posting of the letters addressed to Opposite parties. Ex.A4- 18.2.02 - X-copy of Ticket issued by 1st opp party for Vellore to Chennai for Rs.5/- Ex.A5- 18.2.02 - X-copy of Ticket issued by the 1st opp party for Chennai to Vellore For Rs.46/- Opposite parties’ Exhibits: Ex.B1- 5.12.01 - X-copy of Government Order. MEMBER-I MEMBER-II PRESIDENT.
| | [HONORABLE K.Dhayalamurthy] Member[HONABLE MR. JUSTICE Thiru A.Sampath] PRESIDENT[HONORABLE TMT .G.Malarvizhi] Member | | 
